ATV’s or All Terrain Vehicles are used by both children and adults for recreational purposes. Michael Ehline, of Ehline Law Firm knows this first hand. You see, as a quad rider himself, he has personal knowledge of how easy it is for one to be unexpectedly and seriously hurt while riding. These fun, yet dangerous motor vehicles were first introduced in the early 1970’s by Honda, and come in models with two, three, or four wheels, or “quads”. Despite the bad press, each year they grow in popularity, although sadly as their popularity grows, the number of blows to the life, or safety of riders also grows.
For example, in just one year, 2010, our U.S. Consumer Product Safety Commission says that nationwide, 1/4 of riding victims were 16 years of age or under, out of a total of 1000,000 people hurt on ATV’s. This figure was based only on what hospitals reported. (Source.) There is no telling how many wipe outs went unreported. Knowing this, it is important to focus on safety when designing or manufacturing and operating such vehicle. Cost saving efforts and rushing poorly designed ATV’s to market is ripe for creating injurious events to children and young adults, not just grown ups. When a tragic event such as being crushed or tossed by a quad occurs, you need to be able to intelligently discuss the incident with an attorney, like Ehline Law Firm PC. Due to our vast legal experience and people skills generally, we are known in the industry as the “motorcycle rider’s friend”. We have nailed down millions of dollars in compensation for our past clients and we also become their friends. The fact is, return business is the mainstay of our law practice. You see, at Ehline Law, you’re not just a file with us, you’re also our friend.
Below is a list of some of the more prominent harm to riders of Three and Four Wheel Drive ATV’s:
- It has been estimated ATV-related injuries in the United States have doubled over the last five years.
- Injuries incurred in ATV accidents requiring emergency room treatment has doubled over the last 5 years.
- ATVs now weigh between 500 and 1,000 pounds.
- ATVs can travel at speeds up to 75 miles per hour.
- Only one person should be on an ATV at a time
- Before operating your ATV, read all literature and become familiar with the operation of the vehicle.
- Inspect the vehicle thoroughly before operating it.
- Wear proper clothing and safety equipment when operating the vehicle.
Inexperienced drivers have a much greater risk of injury or death as compared to experienced drivers. Training courses are available and can be more than beneficial in acquiring the skills needed for safe operation of the vehicle. Activities such as drinking alcohol, driving at night, driving on paved roads, drugs, and speeding should be avoided at all times.
- Two teenaged boys in Pennsylvania died when their vehicles hit head-on.
- An eleven year old girl died in an ATV accident when the vehicle she was riding on with two friends crashed.
- A three year old boy in Kansas died after an ATV related accident.
A large number of All Terrain Vehicle accidents result in traumatic brain injury (TBI), spinal cord injuries, quadriplegia, paraplegia, skull fractures, and fatalities. Research has proven that children are more at risk for ATV injuries than adults. All Terrain Vehicle accidents reported in 1997 resulted in over 30,000 children under the age of sixteen suffering injuries.
As can be seen, ATV accident liability is not as cut and dry as it may have first seemed till you started to read this treatise. In fact, these are often very complex, multi party lawsuits. But it takes a proven lawyer to pin down fault by a rapid investigation of the accident scene, the recall and other history of the vehicle, as well as of any third parties who contributed to the malaise at issue. Obviously, the owner of the ATV may have negligently entrusted the vehicle to an irresponsible or incompetent person, so he or she would be named in a lawsuit as a co-defendant. The property owner, even if open for public use, may be legally liable if the riding paths and trails were improperly maintained. This could include failing to fill in potholes, worn hills and slants ton riding trails hat are now angled to a dangerous degree that can cause a flip-over, etc. Thus, a claim would be brought against the business, as well as the actual owner of the land in question. This would mean knowing what to say and not to say when confronting homeowners and vehicle liability adjustors. If there is no insurance, your lawyers needs to understand how to perfect liens and go after the physical and personal assets of the landowners. And last but not least, you could very well need to engage in an expensive and time consuming products liability claim, assuming the four wheeler itself was sent to market being too dangerous for the particular use it was intended, or if it had some other problem or defect.
Careless riding, and other poorly trained riders are clearly a serious risk to everyone in the danger zone. But the fact of the matter is, that your loss may have been caused or created by false promises that the vehicle was really safe, when it was not. The underpinnings of your claim can be a products defect claim against everyone in the chain of commerce. No matter how safe the rider is, these top heavy machines can still quite easily cause bad injuries and even death. So when you are thinking it was really the rider’s fault, it really could be a combination of multiple parties on the hook to pay up.
When this kind of a crisis is suddenly and viciously thrust upon a family like yours, you don’t have time to dilly dally around. Assuming the fault lies with another, you will need compensation to cover all the new bills that are slowly crushing your finances, and draining your bank account. If you or a loved one has been seriously injured in a California ATV accident, you may be entitled to receive monetary compensation for medical expenses, prescriptions, future medical expenditures, lost income, property damages, and other accident expenditures.
Litigation involving All Terrain Vehicle negligence can be very complex, requiring the knowledge of an experienced attorney. Contact the office of Ehline Law Firm PC immediately, if you need the legal representation of an All Terrain Vehicle lawyer. The help you deserve is just a phone call away. Dial 1-888-400-9721 to schedule a consultation with Michael Ehline or another skilled attorney at Ehline Law Firm PC now!